Microsoft, Apple, Google sued over icon software patent

A small networking services company was recently granted a patent covering the …

Cygnus Systems, Inc., a company based in Arizona, got into the holiday spirit by suing Microsoft, Apple, and Google for violating a patent it was recently awarded, which covers the navigation and access of files based on representational thumbnails. Products like Microsoft's Vista, Apple's Cover Flow feature, and Google's Chrome browser are cited for infringement. Cygnus is seeking the typical damages and permanent injunction that prevents further infringement, but is also stating that these big three may not be the only companies it goes after.

The patent in question is US 7,346,850, called "System and method for iconic software environment management." Its abstract describes "a method and system for storing, navigating, and accessing files within an operating system through the use of a graphical thumbnail representing the video display of the active document within the active application." In other words, Cygnus' patent describes features similar to those of Windows Explorer and Apple's Finder—these applications use scaled-down previews to represent the actual documents being browsed by users. The patent could also include things like file icons that dynamically update to reflect changes to the contents of their respective documents, as well as Opera's "Speed Dial" feature, which offers a visual dashboard of easy-access websites. Cygnus' complaint even cites the iPhone's "accompanying iconic file preview and access functionality" and the Safari browser's tab thumbnails.

A figure from Cygnus' patent, which describes documents that are opened in applications, but also represented by icons in a browser.

The complaint contains a few discrepancies, however, such as its targeting of Google, which isn't actually making software "within an operating system." Also odd is its claim that Google infringed its patent "by making, using, selling, and offering for sale Google’s Chrome web browser." Currently, Google Chrome is offered as a free download for Windows XP SP2 and Vista.

Cygnus Systems, Inc. (not to be confused with Cygnus Solutions, which gave us open source tools like gcc and Cygwin) filed its patent on June 8, 2001 as a continuation of an application originally filed on June 12, 1998. The patent was granted on March 18, 2008, and it doesn't appear to have taken Cygnus long to begin devising a lawsuit strategy to recover "an award of damages adequate to compensate plaintiff for the infringement that has occurred." Notably, Cygnus is also seeking retroactive damages from the date the infringement began.

Microsoft, Apple, and Google are not likely to be Cygnus' only targets if its lawsuit gets anywhere. Plenty of other companies and products, such as Adobe, Opera, iPhoto, Windows Mobile, and possibly even web services like Flickr, may all infringe upon some of the broad terms in Cygnus' patent. This suit may not get very far, however, considering the caliber of companies (and their defensive teams) that Cygnus has chosen to pursue, and the probability that some aspects of the patent were granted despite prior art. The strange length of time between filing and grant dates of the patent, as well as its broad terms, may also not do Cygnus any favors in these proceedings.

Update

This piece has been edited to reflect the fact that Cygnus Systems, Inc.—the small networking company that filed this suit—has nothing to do with Cygnus Solutions, which produced open source tools like gcc and Cygwin before merging into Red Hat in 1999.